Jordan: Actual Innocence not basis for habeas relief

In Jordan v. Dep’t of Corrections, No. 05-14736 (May 14, 2007), the Court held that the district court properly dismissed a second and successive habeas petition. The Florida state inmate’s petition claimed that his confession was involuntary, and asserted a claim of "actual innocence" based on newly obtained evidence. As to the involuntary confession claim, the Court found that it was not based on newly discovered evidence, and therefore did not meet the requirements of a second and successive habeas petition. As to the actual innocence claim, the Court found that this claim had not been preserved in the appeal briefs, and in any event, precedent forbade granting relief based upon a claim of actual innocence.